SUMAN KUMAR @ SUMAN KUMAR OJHA v. STATE OF JHARKHAND
B.A./7448/2026 · 2026-08-29
Anubha Rawat Choudhary
body2026
DailyLaw.ai
[ 2026 DAILYLAW 24734 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 24734 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2026:JHHC:26031
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 7448 of 2026
Suman Kumar @ Suman Kumar Ojha, aged about 24 years, Son of Subodh Ojha, Resident of Village- Kumrang Kala, Post- Kasiyadih, P.S. Tandwa, District- Chatra (Jharkhand) … … Petitioner
Versus
1. The State of Jharkhand
2. XX
… … Opposite Parties ---
CORAM: HON’BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY ---
For the Petitioner : Mr. Jitendra Shankar Singh, Sr. Advocate
: Mr. Sumit Kumar, Advocate
: Ms. Sarweshwari Kumari, Advocate
For the Opp. Party : Ms. Kumari Rashmi, APP
---
06/29.08.2026
Heard the learned counsels appearing on behalf of the parties.
2. Learned Senior counsel for the petitioner submits that the petitioner is in custody since 14.04.2026 in connection with Tandwa P.S. Case No. 94 of 2026 corresponding to POCSO Case No. 52 of 2026, registered under Sections 75(2) and 351(3) of Bharatiya Nyaya Sanhita, 2023 and section 8 of POCSO Act, now pending in the court of learned Addl. Sessions Judge-cum-Special Judge, POCSO Act, Chatra.
3. Learned Senior counsel for the petitioner further submits that the petitioner has been falsely implicated in this case. He submits that paragraph 8 of the case diary reveals that the petitioner and the victim were in talking terms with each other. The victim is 17 years of age. He submits that though charge sheet has been submitted for alleged offence under Section 96 read with Sections 62, 74 and 351(3) of Bharatiya Nyaya Sanhita, 2023 and under Section 8 of POCSO Act, but the ingredients of the said sections are not satisfied.
4. The learned senior counsel for the petitioner has also submitted that there is no witness to the alleged occurrence, which is said to have taken place in public place.
5.
Learned counsel for the State has opposed the prayer for bail and has submitted that there is direct allegation against the petitioner
2026:JHHC:26031 2
and the victim has supported the case against the petitioner in her statement recorded under Section 183 of Bharatiya Nagarik Suraksha Sanhita, 2023.
6. After hearing the learned counsels for the parties and upon going through the statement of the victim recorded under Section 183 of Bharatiya Nagarik Suraksha Sanhita, 2023, there appears to be a direct allegation against the petitioner who tried to outrage modesty of the victim and also threatened to kill her by using petrol. Admittedly, the victim is a minor and a student.
7. Considering the statement of the victim recorded under Section 183 of Bharatiya Nagarik Suraksha Sanhita, 2023 and the fact that the victim as well as the independent witnesses are yet to be examined before the learned court, this court is not inclined to enlarge the petitioner on bail and hence, this bail application is rejected.
8. Let a copy of this order be communicated to the learned court concerned through “FAX/email”.
(Anubha Rawat Choudhary, J.) Date of Order:29.08.2026 Pankaj Date of Uploading:01.09.2026